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View Diary: It keeps happening: Faceless Bank's Repo Contractor hauls all of W Va. Woman's possessions to dump (279 comments)

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  •  "Breaking and entering" (1+ / 0-)
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    Pi Li

    requires a "mens rea" (criminal intent) to the extent that you know you have no right to be going into that property.  

    If, for example, my parents lock themselves out of their house, and say to me, "I need to get inside ASAP -- my heart  medicine is in there" and I break a window and go in, that's not criminal.   I probably believed that I had to ok  to be there, even if my parents say -- "I just meant look for the keys -- I didn't mean break a window!"  I may have to pay for what I broke, but I can't imagine any prosecutor charging me with "breaking and entering."  That crime requires a specific criminal intent -- that you are going in with the knowledge that you are not supposed to be doing that.

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